Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Med Law > Ex (Quizlet 1) (pt3) > Flashcards

Ex (Quizlet 1) (pt3) Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Which case pertains to locality rule or standard?

A

Small vs Howard

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Which case pertains to national or professional rule or standard?

A

Brune vs Belinkoff

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

When is expert medical testimony needed?

A

In situations beyond the understanding of the average laymen

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What kind of situations is expert testimony probably not needed?

A

Infection
Slight scarring
When “the thing speaks for itself”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What does Res Ipsa Loquitur mean?

A

“The thing speaks for itself”
Laymen would understand
Expert testimony not required

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the three conditions for Res Ipsa Loquitur?

A

**Event would not ordinarily occur without negligence
Apparent/presumptive cause was within exclusive control of defendant
No negligence on the part of the plaintiff

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are some examples of Res Ipsa Loquitur?

A

Wrong limb or body part
Wrong patient
Explosion or fire
Foreign body left in patient

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Quote of J. Cardozo, SCHLOENDORFF

A

“Every human being of adult years and sound mind has the right to determine what shall be done with his own body.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the two sides of informed decision making?

A

Informed consent

Informed refusal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are the elements of informed decision making?

A 
Decision making ability
Information
Voluntariness
Agreement/Request
Declination/Refusal
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the two components of decision making capacity?

A

Legal age

Ability to take-in, process, and communicate information

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

When a patient is making an informed decision, what information do they need?

A

The procedure
Risks
Benefits
Alternatives - including likely effects of no medical intervention

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What must the information being given to the patient be?

A

Patient centered?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Voluntariness

A

Consent nor refusal can be coerced and be volunary; either can be influenced and be voluntary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the ways surrogate’s make decisions?

A

Patient’s best interest

Surrogate’s substituted judgement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the interests important to the States?

A

Preservation of life
Prevention of suicide
Protection of innocent third parties
Protection of the ethical integrity of healthcare professionals

17
Q

When is consent not required?

A 
Emergency
Therapeutic privilege
Treatment ordered by court
Treatment required by law
Non consensual treatment permitted by law
18
Q

What are the components of required care for military members?

A 
Emergency medical care - life or limb
Certain immunizations
Isolation and quarintine
Detention on closed wards
Medical care related to mental disorders
Diagnostic procedures
Physical examinations
19
Q

What does the Patient Self-Determination Act apply to if receiving Medicare or Medicaid?

A 
Hospitals
Nursing facilities
Home health care organizations
Hospices
HMOs
20
Q

What does the Patient Self-Determination Act require?

A

That patients be told about their right to refuse care and their right to execute advance directives

21
Q

What are examples of advance directives?

A

DNR orders
Durable powers of Attorney
Living Wills

22
Q

What is a “creature of common law?”

A

Power of Attorney

23
Q

What does a Power of Attorney require of the attorney-in-fact?

A

Must have legal capacity

24
Q

When does a Power of Attorney become effective?

A

On the date stated

25
Q

When does a Power of Attorney become ineffective?

A

Upon the grantor’s incapacity

26
Q

What is a “creature of statute?”

A

Durable Power of Attorney for medical care

27
Q

The granting of a Durable Power of Attorney for medical care requires what?

A

Legal capacity

28
Q

What does receipt of a Durable Power of Attorney for medical care require?

A

Legal capacity

29
Q

When does a Durable Power of Attorney for medical care become effective?

A

Upon the grantor’s loss of decision making capacity

30
Q

What does a living will require?

A

A patient to be incapacitated (typically used for a terminal condition)

Med Law (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions